Conversion of Jointly-Held Old Order Mining Rights: An All and Nothing Ruling? Minister of Mineral Resources of the RSA v Sishen Iron Ore (394/12) [2013] ZASCA 50 (28 March 2013)

Abstract

In this case, the Supreme Court of Appeal upheld the decision of Zondo J in Sishen Iron Ore Company (Pty) Limited v Minister of Mineral Resources (28980/10) [2011] ZAGPPHC 220 (20 December 2011) in respect of the extinction of an undivided share in an old order mining right that had been held jointly by two parties in the case where the one holder thereof had not applied for its conversion into a new order right. The court also upheld the decision of the court a quo that such extinction resulted in the holder of the other part of this joint old order mining right who had applied for the conversion thereof into a new order mining right (in accordance with the Mineral and Petroleum Resources Development Act 28 of 2002 becoming by operation of law the “exclusive holder” of the mining right in respect of the minerals concerned (iron ore and quartzite).

Keywords: mineral rights, old order rights, new order rights